Acórdão nº 9140092 de Court of Appeal of Porto (Portugal), 01 de Julho de 1991
Data | 01 Julho 1991 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A DECISãO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART12 N2 ART1093 N1 B ART1094 N1 N2. CPC67 ART712 N1 N2 ART511 N1 ART653 N2. L 24/89 DE 1989/08/01 ART1. DL 3/83 DE 1983/01/11 ART2 N1 A.
Jurisprudência Nacional: AC STJ DE 1972/01/14 IN BMJ N213 PAG175.
Sumário: 1 - A Relação apenas pode modificar as respostas dadas aos quesitos, pelo tribunal colectivo ou pelo juiz singular, dentro do estrito condicionalismo das tres alineas do n. 1 do art. 712, C. P. Civil - cfr. art. 792, cit. diploma. 2 - Inquirindo-se em um quesito se a Autora, pelo menos desde Maio de 1988, conhecia o ramo de negocio a que o locado estava afectado, e fundamentando o juiz a sua convicção no teor de certo documento, este e o unico elemento de prova que, nos termos do art. 653, n. 2, C. P. Civil, foi decisivo para a convicção do julgador. 3 - Dizendo, todavia, o documento, carta da A. aos R.R., que " ... o meu marido observou o predio que habita, o mesmo não ameaça ruina ... ", isso poderia concluir a Relação, mas não dar resposta afirmativa ao quesito e, portanto, concluir que, em Maio de 1988, ja a A. conhecia o ramo de negocio praticado no locado, assim decidindo da excepção peremptoria da caducidade do direito de resolução. 4 - Ao juiz so e licito formular quesitos respeitantes a factos articulados pelas partes - arts. 511, n. 1, 650, n. 1, f) e 712, n. 2, C. P. C.. 5 - Contendo o quesito a materia aludida na conclusão segunda e respondendo o juiz que o marido da A. observou o predio que os R.R. habitam, antes de 3 de Maio de 1988, tal resposta deve considerar-se deficiente, não sendo nem restritiva, nem explicativa, antes e alheia a pergunta, o que permite a Relação anular a decisão. 6 - Conjugando, todavia, o art. 650, al. f), C. P. Civil, com o n. 1 do art. 511, idem, e de concluir que a anulação por falta de quesitos ou de vicios das respostas so...
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